MUKHA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25.3.95 passed by the learned Special Judge, Narcotic Drugs and Psychotropic Substances Act, 1985 (District Judge), Hanumangarh whereby the appellant has been convicted under section 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo 10 years R.I. and a fine of Rs. 1,00,000.00 or in default to undergo six months R.I.

(2.) The prosecution case is that 5 kg. crushed poppy was recovered on search from the appellant on 15.7.90 by Circle Inspector Sangria Shri Omprakash. A sample of 500 grams of crushed poppy was taken and sealed on the spot and remaining 4 Kg. and 500 grams crushed poppy was sealed separately. The sample was sent to the Forensic Science Laboratory, Jaipur whereupon it was reported that the samples were found to be dried crushed capsules of poppy. The FSL report is Ex.P-5.

(3.) The learned counsel for the appellant has argued that the prosecution has failed to prove beyond reasonable doubt that the article recovered from the possession of the appellant was infact crushed capsules of poppy. The prosecution has failed to establish that the FSL report Ex.P-5 relates to the sample taken from the article recovered from the appellant.